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INTRODUCTION: PURPOSE, SCOPE AND USERS


Intuitive Surgical, with principal locations including Intuitive Surgical, Inc., 1020 Kifer Road, Sunnyvale, CA 94086, and Intuitive Surgical Sàrl, 1, Chemin des Mûriers, 1170 Aubonne, Switzerland and their affiliates (hereinafter also referred as: "Intuitive", or "We" or "Us") conducting business within the European Economic Area (EEA) or processing the personal data of data subjects within EEA understands the importance of privacy to Our customers, visitors and suppliers, business partners, employees and other individuals (hereinafter also referred as: "You" or the "User" or the "Data Subject"). We are committed to safeguarding Your privacy. We collect and store information (non-personal information and personal information or personal data) so that We can efficiently provide Our products and services and support Your interest in Our products.

This Privacy Policy describes what kind of data We collect and how We handle the information that You provide to Us and the basic personal data processing principles We adhere to.

Please contact Us at Data.Privacy@intusurg.com with any questions.

We are committed to conduct Our business in accordance with all applicable Data Protection legislation/regulations of all relevant jurisdictions, including the European Union's General Data Protection Regulation 2016/679 (GDPR) of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC.

LEGAL MENTION


Please ensure You read this Privacy Policy before using the Intuitive Surgical websites or submitting information to Us. 

This Privacy Policy is subject to change from time to time, so please review this Policy each time You visit the website. Your use of this website is subject not only to this Privacy Policy, but also to this site's Terms of Use, medical advice disclaimer, training disclaimer, and the other documents linked from Our Legal page. Please read the above mentioned terms and documents. By accessing and using this website or any of Our other websites through this website, and by providing Us with Your information, You agree to the practices described in this Privacy Policy. 

The information We collect and how We handle it depends on the data type and what You do when You use Our services and products. We only use the information required to successfully provide the products and services requested and only for the purposes You agreed with. Therefore, to protect Your safety, You should not provide Intuitive Surgical with any personal information that is not specifically requested.

BY USING the INTUITIVE WEBSITE, YOU AGREE NOT TO DISRUPT OR INTERCEPT OUR ELECTRONIC INFORMATION POSTED ON THIS WEBSITE OR ON ANY OF OUR SERVERS. YOU ALSO AGREE NOT TO ATTEMPT TO CIRCUMVENT ANY SECURITY FEATURES OF OUR WEBSITE, AND TO ABIDE BY ALL APPLICABLE, LOCAL, STATE, FEDERAL AND INTERNATIONAL LAWS.

Information provided to Intuitive Surgical by You is not subject to the privacy rule promulgated under the US Health Insurance Portability and Accountability Act of 1996 ("HIPAA") but may be subject to the requirements of privacy laws or regulations adopted by Your state of residence.

We do not sell or rent Your personal identifying information or medical information to any third party. We may contract with reputable vendors to assist Us in processing information or delivering the items that Our customers order. These vendors are restricted from using or selling the information for any purpose, other than helping Us to provide the products and services.

INFORMATION (NON-PERSONAL AND PERSONAL DATA)


NON-PERSONAL INFORMATION NON-PERSONAL DATA IS


information that does not identify You directly or indirectly as an individual person that We collect to help Us understand how You use Our services and products, as well as to protect and enhance them. It includes essentially the following:


  • • browser type and browser name and language used,

  • • computer type

  • • access time and date of Our website

  • • the web page from which You came directly to Our website

  • • the web page(s) You access during Your visit

  • • other web server log files (links clicked, terms searched, and anonymized or disconnected information that no longer allows to identify directly or indirectly the user.


Personal Information or Personal Data


Personal data is any information that identifies You directly or indirectly as an individual. It includes, but is not limited to: name, address, email address, phone number, identification number, location data, online identifier or one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

Definition of "personal data" may differ across jurisdictions and applicable laws and regulations. Intuitive Surgical's management of personal data may also vary depending on the country.

We collect certain personal information, such as:

• personally identifying information (such as Your name, street or email address, phone number, or similar information)

• Unique identifiers and preference information

• Professional activity linked to utilization of Intuitive Surgical products, including utilization of da Vinci Surgical Systems or training history

All Intuitive Surgical's processing operations on Personal Data are performed in line with the following processing principles:

(i) Lawfulness, fairness and transparency

(ii) Purpose limitation

(iii) Data minimization

(iv) Accuracy

(v) Storage limitation

(vi) Integrity & confidentiality

(vii) Accountability


AUTOMATED DATA COLLECTION

Cookies

We use different types of cookies.

In particular, as a part of this collection process, We may use "cookies" to store and sometimes track information about Our online customers and users. A cookie is a small amount of data that is sent to Your browser from a web server and stored on Your computer's hard drive. Cookies can make use of the web easier by saving status and preferences about a website. Some parts of Our website where You are prompted to log-in or that are customizable may require that You accept cookies. Cookies by themselves cannot be used to find out the identity of any user. Most browsers are initially set to accept cookies but users of most browsers may change the setting to refuse cookies or to be alerted when cookies are being sent.

While Your browser may also allow You to send a "do not track" signal when You visit Our website, We do not modify Our practices in response to this signal. We will continue to comply with this Privacy Policy in any event.

Third-Party Web Beacons

We use third-party web beacons from Piwik, Google and GetClicky to help analyze where visitors go and what they do while visiting Our website. Piwik, Google and GetClicky may also use anonymous information about Your visits to this and other websites to improve its products and services and provide advertisements about goods and services of interest to You.

If You would like more information about this practice and to know Your choices about not having this information used, please visit the individual sites: Piwik, Google and GetClicky.

Social Networks

Links to Our LinkedIn page and Twitter account are provided on some websites.

COOKIES AND BEACONS MANAGEMENT


By using Our website, You accept the cookies of the above listed third party services and the use of tracking technologies necessary for their proper functioning. If You want more information and disables cookies, please visit the individual web sites and privacy policy pages:

Third-Party Web Beacon

Piwik read more to disable

Google read more to disable

GetClicky read more to disable

Social Network

Twitter read more to disable

LinkedIn read more to disable


You may also configure Your own browser settings to manage cookies. Please refer to Your browser's help function.

PURPOSE FOR INFORMATION COLLECTION


Intuitive Surgical may collect, process, and use personal data obtained through its services, websites and products.

Processing of Personal Information is lawful and based on at least one of the following grounds:

• Consent

• Fulfilling a contractual obligation

• Complying with a legal obligation

• Protecting any Data Subject's vital interests

• Legitimate interests of Intuitive Surgical when balanced against the rights and interests of the Data Subject.


If You are not sure which lawful ground is relevant in a particular case You shall start by eliminating the grounds that cannot be relied upon and seek the advice and guidance of Our Data Privacy Officer at Data.Privacy@intusurg.com

Conditions for Consent

Where there is a need to request and receive Your Consent prior to collection, processing and transfer, Intuitive Surgical is committed to seeking such Consent and obtaining it in line with the conditions set by the applicable Data Protection legislation/regulations.

YOUR (CONTROL) RIGHTS


Under the applicable data protection legislation/regulations, You have various rights in connection with the processing of Your personal information. Intuitive Surgical shall strictly uphold Your rights and is responsible for implementing adequate procedures and policies to effectively protect Your rights and monitoring compliance with applicable data protection laws and regulations. We will respond and provide information upon request without undue delay and in any event within 30 days of receipt of the request. That period may be extended by two further months where necessary, taking into account the complexity and number of the requests.

Please note that We will have to identify You in order to fulfill Your request; this requires identification documents that can prove Your identify. We will retain archival copies of the information You have requested. Until Our backups are overwritten, We will retain the information, but make no further use of Your Personal Information. You can submit Your requests via email to Our Data Protection Officer at Data.Privacy@intusurg.com

As Data Subjects, Your rights are the following:

Right to be informed

Where Personal Information is collected from You directly, Intuitive Surgical will ensure that You will receive all the information required at the time Your Personal information is obtained.

Right of access

We ensure that upon request, access to Your personal information will be granted and all the appropriate information will be provided:

• The purposes of processing;

• The categories of Personal Information concerned;

• The recipients or categories of recipients to whom the Personal Information has been or will be disclosed, in particular, recipients in third countries or international organizations;

• Where possible, the envisaged period for which the Personal Information will be stored or, if not possible, the criteria used to determine that period;

• The existence of the right to request from Intuitive Surgical rectification or erasure of Personal Data or restriction of processing of Personal Information concerning the Data Subject or to object to such processing;

• The right to lodge a complaint with a Data Protection Authority;

• Where the Personal Information is not collected from You, any available information as to their source; and

• The existence of automated decision, if any – making, including profiling and meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing.

Right to rectification

Your have the right to ask for rectification of any inaccurate Personal Data that concerns You and We will ensure that any inaccurate or incomplete information is erased, amended or rectified.

Right to erasure

You have the right to have Your Personal Data erased if any of the following apply:

• The data is no longer needed for its original purpose and no new lawful purpose exists;

• The lawful basis for the processing is Consent, Your withdraw that Consent, and no other lawful ground exists;

• Your exercise the right to object, and We have no overriding grounds for continuing the processing;

• The data has been processed unlawfully; or

• Erasure is necessary for compliance with European Union Law or national law.

We will communicate any erasure of Personal Data to each Recipient to whom the data has been disclosed, unless this proves impossible or involves a disproportionate effort.

Right to restriction of processing

As a Data Subject, You have the right to request the restriction of processing of Your Personal Data if:

• The accuracy of the Personal Data is contested (and only for as long as it takes to verify that accuracy);

• The processing is unlawful (and You request the restriction of processing instead of the erasure of Your Personal Information);

• We no longer need the Personal Data for the original purposes of the processing, but still need it for the establishment, exercise or defense of legal claims; or

• There is a verification of overriding grounds pending in the context of an erasure request.

Right to data portability

The right to data portability allows You to receive the Personal Data Your have provided to a Us, in a structured, commonly used and machine – readable format, and to transmit those data to another Controller Company.

Right to object

Where processing is justified on the basis of legitimate interests, You may object to such processing, including profiling, unless Intuitive Surgical is in a position to demonstrate that compelling legitimate grounds, which override Your interests, rights and freedoms, exist for the processing or for the establishment, exercise or defense of legal claims.

Profiling and Automated Decision – Making

Where decision – making, including profiling, is based solely on automated processing and produces legal effects that concern You or similarly You are significantly affected by it, You have the right to object not to be subject to such a decision.

We do not base decision making or profiling solely on automated processing; human involvement ensures that the collaborators have the authority and competence to change the decision that concerns Your Personal Information.

DATA SHARING AND TRANSFERS


Intragroup transfers of personal data

Intuitive Surgical may transfer Personal Information to other entities.

Personal data transfers to third countries

Any transfer of Personal Information which is undergoing processing or is intended for processing after it is transferred to a third country or international organization requires special consideration and shall be carried out in compliance with data protection legislation/regulations.

As a general rule, Personal Information shall be transferred outside the EU only if adequate safeguards are in place ensuring the same level of data protection as guaranteed under the GDPR. In addition, member states are, unless the transfer is based on an adequacy decision (see below), entitled to restrict the transfer of specific categories of Personal Data under their national laws.

Pursuant to the GDPR, each Intuitive Surgical entity which is subject to the GDPR shall, amongst other things, ensure that one of the following safeguards are in place when transferring data to a recipient in a third country (i.e. Non – EU country):

a) Adequacy decision. Personal Data may be transferred if the European Commission has decided that the relevant third country or international organization ensures an adequate level of protection. The list of adequate countries can be found below:

• Andorra

• Argentina

• Canada

• Switzerland

• Faroe Islands

• Guernsey

• Israel

• Isle of Man

• Jersey

• New Zealand

• Uruguay

b) Appropriate safeguards. Personal Data may be transferred if one of the following appropriate safeguards are in place:

(i) Binding corporate rules for intra – group transfers;

(ii) Standard data protection clauses adopted by the European Commission or adopted by a Data Protection Authority and then approved by the European Commission;

(iii) Approved code of conduct together with binding and enforceable commitments by the third country entity to apply appropriate safeguards;

(iv) Accredited GDPR certification mechanism together with binding and enforceable commitments by the third country entity to apply appropriate safeguards; or

(v) Contractual clauses between the relevant Intuitive Surgical entities and the third country entity authorized by the Data Protection Authority.

Currently, Intuitive Surgical entities perform intragroup transfers of Personal Data on the basis of an adequacy decision or on the basis of standard contractual clauses (SCCs).

SECURITY

Intuitive Surgical has implemented technical and organizational security measures to protect Your Personal Data from loss, misuse or unauthorized access, disclosure, deletion or modification. It includes, among other mechanisms, secured back-up and archiving servers, access control, firewalls or encryption.

Unfortunately, however, no data transmission over the Internet is certain to be 100% secure. As a result, while We strive to protect this information, We cannot guarantee its security.

CHILDREN

We understand the need to protect children's privacy online (We define "children" as minors Younger than 13 years of age). We do not knowingly collect or use any personal information from children. We do not knowingly allow children to register with us, order Our products, communicate with us, or to use any of Our online services. If You are a parent or guardian of a child and You become aware that he or she has provided Us with personally identifying information without Your consent, You should contact Us at Data.Privacy@intusurg.com. If We become aware that a child has provided Us with personally identifying information, We will delete this information from Our records.

CONTACTS

If You have any questions about this privacy policy and Your rights, please contact Intuitive Surgical using the below details. As mentioned above, We will address Your request without undue delay and in any event within 30 days of receipt of the request. That period may be extended by two further months where necessary, taking into account the complexity and number of the requests.

Worldwide requests

Intuitive Surgical, Inc.

Attn: Data Privacy Officer

1020 Kifer Rd Sunnyvale, CA 94086

USA

This Data Privacy Officer is located in the USA

Data.Privacy@intusurg.com



Intuitive Surgical, Sarl

Attn: Data Privacy Officer

Ch. Des Mûriers 1

1170 Aubonne

Switzerland

This Data Privacy Officer is located in Switzerland

Data.Privacy@intusurg.com


If We fail to respond to Your request within the deadline, or if You are dissatisfied with Our response, You may lodge a complaint with Your data protection authority.

DATA RETENTION – DESTRUCTION


In principle, We will retain Your personal data for as long as reasonably necessary for Our legitimate business purposes. Personal Information must be kept to be available for legal or regulatory compliance. Retention deadlines vary depending on the type of data and the need to delete obsolete data is assessed on a case-by-case basis.

We are responsible for the secure destruction of Personal Information once the necessary period that was required to achieve the processing purpose ends. Such destruction must be done through a specific procedure and in order to be secure and avoid potential unlawful data processing, for instance any disclosure to Third Parties, appropriate control mechanisms to monitor the data destruction procedure are in place.

PRIVACY POLICY REVISION


This Privacy Policy is subject to change at any time, so please check back periodically. If significant changes are made in how Your personal data is collected, processed or shared, this privacy policy will be updated and an alert will be displayed on Our website. If required by law, We will seek Your consent prior to any significant change. Our Data Privacy Officer is responsible for the maintenance and accuracy of the present Policy. This Policy shall be reviewed at least annually or more frequently, as appropriate, by the Data Privacy Officer.

Any changes to the present will come into force when published on Any inquiry regarding the present Policy can be addressed to the Data Privacy Officer via this email Data.Privacy@intusurg.com